- (1.) THE matter comes up on an application (29416/2012) filed by the petitioner with the prayer that he may be allowed to appear provisionally in the annual examination of Second Year Animal Husbandry Diploma Course which is going to commence from 23.07.2012.
(2.) THE petitioners have filed this writ petition challenging the letter dated 4/5.04.2008 whereby their applications for enrollment had been rejected on the ground that they are not having the requisite qualification for Diploma in Animal Husbandry Course. On filing of the writ petition, notices were issued to the respondents on 16.05.2008. On 14.08.2008, the petitioners were provisionally allowed to appear in Second Mid Term Examination of First Year- Animal Husbandry Diploma Course. It was also ordered that the result will be kept in sealed cover. Subsequently on 11.09.2008, the petitioners were allowed to appear in the Final Examination of First Year Animal Husbandry Diploma Course on provisional basis. On 22.12.2008, it was ordered by a Co-ordinate Bench of this Court that "In view of the serious dispute with regard to the eligibility, I think it proper to dispose of the writ petition finally instead of passing any interim order." On 13.03.2009, an application was filed by the petitioners for seeking permission to appear in First Term Examination of Second Year Animal Husbandry Diploma Course which were commencing from 16.03.2009. The respondents were directed to allow the petitioners to appear in the First Term Examination of Second Year Animal Husbandry Diploma Course by the High Court. However, it was ordered that it would be appropriate to finally dispose of the writ petition at admission stage. Accordingly, the case was posted for 30.03.2009. Again a fresh application had been filed by the petitioners for seeking permission to appear in Second Term Examination of Second Year Animal Husbandry Diploma Course commencing from 27.07.2009. As there was no time left, the High Court had ordered that the petitioners be allowed to appear in Second Term Examination of Second Year Animal Husbandry Diploma Course. Thereafter, an application was moved by the petitioners for seeking permission to appear in Second Term Examination of Second Year commencing from 25.08.2009. In other words, the said application was filed by the petitioners even prior to declaration of the result of the First Year Examination. On opening of the sealed envelop, it was revealed that the petitioner Rohit Mathur had failed in some papers. However, petitioner Ashish Tushir was permitted to appear in Annual Examination of Second Year Animal Husbandry Diploma Course. So far as petitioner No.1 Rohit Mathur is concerned, he was not permitted to appear in the Final Year Examination of Second Year Animal Husbandry Diploma Course because he was found ineligible on account of his failure in three papers in earlier examination. On 29.07.2011, an application has been filed by the petitioner Rohit Mathur with the prayer that he may be permitted to appear in the First Year Annual Theory/ Practical Examinations of Animal Husbandry Diploma Course commencing from 01.08.2011. Accordingly, he was allowed to appear in the said examination. Then on 18.04.2012, an application was filed by the petitioner Rohit Mathur to declare the result of First Year Theory/ Practical Examination and for awarding Mid Term Sessional marks or average marks to the petitioners. Accordingly, the result was ordered to be declared. That being the state of affairs of this case, the petitioner, by the instant application, is seeking permission to appear in the Annual Examination of Second Year Animal Husbandry Diploma Course. It is noteworthy to mention here that the Animal Husbandry Diploma Course is of two years only. While the writ petition is still pending, the petitioner has succeeded in reaching the stage of Annual Examination of Second Year by appearing in all earlier examination through permission from the Court on the ground that it may be so done provisionally and the result may be kept in sealed cover. But later on the sealed covered was made to open every time for the petitioner and the result was declared. Applications have been filed, one after the other, for seeking permission to appear in the Annual Examination and in this manner the petitioner has been proceeding since the year 2008, when this writ petition was filed. Therefore, this Court is of the considered opinion that no further permission should be granted to the petitioner to appear in the Examination, even provisionally, without considering the writ petition for the purpose of admission so as to ascertain whether the petitioner has a prima facie case or not. Consequently, the application (29416/2012) is dismissed. However, it is ordered that the writ petition itself be listed for admission on 03.08.2012.;